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Township of West Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
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New Laws (13) Index
[HISTORY: Adopted by the Township Committee of the Township of West Amwell 11-2-2016 by Ord. No. 12-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Drainage and watercourses — See Ch. 79.
Flood damage prevention — See Ch. 90.
Land development — See Ch. 109.
Soil erosion and sedimentation control — See Ch. 137.
[1]
Editor's Note: This ordinance also repealed former Ch. 138, Soil Removal, adopted 8-16-2006 by Ord. No. 21-2006.
West Amwell has a long history of protecting the natural environment, preserving farmland and respecting the carrying capacity and constraints of the land. With these planning objectives in mind, it is the purpose of this chapter to protect soil as a necessary and valuable resource in the Township. Soil is an essential component of farming and therefore key to farmland productivity. It is a vital part of woodland habitat, where it provides the ecological underpinnings for a healthy and diverse population of flora and fauna.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Anyone submitting an application for development or for a project which would disturb the soil.
SOIL
A. 
The unconsolidated mineral or organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
B. 
The unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and shows effects of environmental factors of climate (including water and temperature effects), and macro- and microorganisms, conditioned by relief, acting on parent material over a period of time.
SUBSOIL
A. 
The deepest level of soil material in which soil formation processes are active. It lies above the bedrock, but below the topsoil.
B. 
All soil that is not topsoil.
TOPSOIL
A. 
The layer of soil moved in cultivation; frequently designated as the A layer or A horizon.
B. 
The top layer of the soil profile, above the subsoil and distinguished from other soils as a presumed fertile soil or soil material, or one that responds to fertilization, ordinarily rich in organic matter.
A. 
In addition to the standards of this chapter, soil removal and relocation of any material shall be in accordance with the Code of the Township of West Amwell, Chapter 137: Soil Erosion and Sediment Control, and the Soil Erosion and Sediment Control Plan as certified by the Hunterdon County Soil Conservation District and required by the New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
B. 
An applicant shall submit, as part of his or her existing conditions and final grading plan, an engineered plan showing the earthwork balance quantities of subsoil and topsoil.
C. 
Topsoil shall not be removed from the municipality.
D. 
Large rocks and boulders (greater than three-foot minimum diameter at any point) shall not be removed from the Sourland Regional Planning District (SRPD).
E. 
Large rocks and boulders (greater than three-foot minimum diameter at any point) in districts other than the SRPD shall not be removed from the Township.
F. 
Large rocks and boulders referenced in § 138-3D and E outside of the area of excavation shall be left in place.
G. 
Topsoil removed during the course of construction shall be redistributed within nonimpervious areas of the site and shall be seeded or planted as to remain in place unless a management plan consistent with § 138-4 has been approved.
H. 
Topsoil and subsoil shall be stored in separate locations.
I. 
Excess soil shall not be used to fill wetlands, vernal pools, and sensitive environmental features identified by state and local ordinances, except for regulatory actions that have been authorized by appropriate reviewing agencies.
A. 
Should an applicant have a quantity of soil in excess of the needs of the project, the applicant shall provide the Township Engineer with a management plan for review. The plan shall be consistent with the requirements of the Hunterdon County Soil Conservation District. The soil management plan shall delineate the methods of reuse of soil within West Amwell Township. The applicant shall identify potential locations of reuse as part of this plan. West Amwell Township reserves the first right of refusal. The Township Engineer shall review the management plan to ensure that it is consistent with this chapter. The plan shall be approved by the Planning Board.
B. 
The applicant shall demonstrate that reasonable effort has been made to identify locations for potential soil reuse within West Amwell Township.
C. 
Should the Planning Board approve the removal of the subsoil from the limits of the Township, the applicant shall comply with the requirements of the Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
D. 
Should the soil need to be removed from the site and reused within the Township, it is the applicant's responsibility to verify that the soil is clean and free from pollutants prior to removal in accordance with NJDEP's Site Remediation Standards.
The following are exempt from the provisions of Chapter 138:
A. 
Land disturbance of less than 5,000 square feet associated with the construction of a single-family dwelling, unless such development is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more building units.
B. 
Land disturbance of less than 5,000 square feet of the surface area of land for the accommodation of construction which might or might not require a building permit.
C. 
Use of land for gardening primarily for personal consumption.
D. 
An environmental action required by the State of New Jersey.
E. 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Hunterdon County Soil Conservation District or when it is determined by the Hunterdon County Soil Conservation District that such use will not cause a net loss of topsoil in the Township.
F. 
Contaminated topsoil and subsoil shall be permitted to be removed from the Township in accordance with the NJDEP Site Remediation Standards, the Code of the Township of West Amwell, Chapter 137, Soil Erosion and Sediment Control, and the Soil Erosion and Sediment Control Plan, as certified by the Hunterdon County Soil Conservation District and required by the New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
Any person, persons or corporations who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $1,250, a term of imprisonment for a term not exceeding 90 days or a period of community service not to exceed 90 days or any combination of the above.